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2018 Banking Law Trends and Developments in the UCC: What You Need to Know

Commercial/Consumer Law

2018 Banking Law Trends and Developments in the UCC: What You Need to Know

Live Webcast Date: Friday, November 09, 2018 at 10:00 am - 11:30 am (ET)
Commercial/Consumer Law Recording

The Uniform Commercial Code (UCC) is constantly evolving as a result of various versions among states as well as how courts interpret the UCC. Practitioners should be familiar with these developments to ensure compliance and avoid potential pitfalls.

In this Webcast, a panel of distinguished professionals and thought leaders will provide an in-depth discussion of the latest trends and developments impacting UCC compliance. They will also discuss recent case law with insights on how courts examine the UCC.

Key topics include:

  • The Uniform Commercial Code: Legal Framework
  • Key Issues and Trends in 2018
  • Significant Implications to the Year Ahead
  • UCC Article 3, 4 and 4a: A Primer
  • Impact of Post-Filing Events on Financing Statement Perfection Under UCC Article 9
  • Legal and Contractual Anti-Assignment Restrictions Under UCC Article 9
  • Potential Risks and Pitfalls of UCC Issues
  • Developments and Updates in 2018
  • Update in providing new case law interpreting the UCC

Who Should Attend

  • Consumer Finance Attorneys
  • Attorneys Practicing Commercial Law
  • Secured Transactions Professionals
  • Finance Reporting Professionals
  • Debt Collection Professionals
  • Lending Professionals
  • Accountants
  • Real Estate Professionals
  • Commercial Finance Professionals
  • Other related and interested professionals

Faculty

William

William "Pat" Huttenbach
Attorney
HIRSCH & WESTHEIMER, P.C

John W. Blyth

John W. Blyth
Attorney
NYEMASTER GOODE, P.C.

SEGMENT 1:
William "Pat" Huttenbach, Attorney
HIRSCH & WESTHEIMER, P.C
  • Update on various new UCC Section 3 and 4 cases you might find of interest
  • Update on various new cases interpreting UCC 4A Issues
  • Update on 4.406 reporting issues
  • Update on provisional credit issues (for example, issue of when a counterfeit check is given to a law firm)
  • Reminder on why banks should continually update deposit agreements.
  • Update on issues concerning checks negotiated with forged endorsements and update on check conversion claims.
  • Update on trying to prevent creative plaintiff’s attorneys from trying to avoid certain statutory defenses and/or case law
  • Miscellaneous issues and possible future issues

SEGMENT 2:
John W. Blyth, Attorney
NYEMASTER GOODE, P.C.
  • Impact of Certain Post-Filing Events on Effectiveness of a Filed Financing Statement to Perfect an Article 9 Security Interest
    • Change in Governing Law (Debtor Location)
    • Change in Debtor Name
    • Collateral Transfers
  • Legal and Contractual Anti-Assignment Restrictions on Attachment or Enforcement of Article 9 Security Interests
    • Legal and Contractual Anti-Assignment Provisions Generally
    • Article 9 Override of Legal and Contractual Anti-Assignment Restrictions
    • Limited Liability Company Interests and Interests in Other Unincorporated Business Organizations as Article 9 Collateral
    • Proposed Amendments to Article 9 Anti-Assignment Override Provisions

William

William "Pat" HuttenbachAttorneyHIRSCH & WESTHEIMER, P.C

William (“Pat”) Huttenbach is a litigation attorney concentrating on civil matters at Hirsch & Westheimer, P.C.  He has been asked to be an expert witness on issues concerning UCC sections 3, 4 and 4A.  He has answered over 200 lawsuits involving UCC sections 3, 4 and/or 4A issues.  He has also personally answered over 2,000 garnishment lawsuits.  Pat has written numerous articles on banking topics, and has given speeches to the banking industry on how to better protect banks in litigation through updated deposit agreements.  Pat also routinely handles many other types of lawsuits against banks including lender liability claims, FCRA claims, FDCPA claims, Texas Finance Code claims, tortious interference claims, insurance claim litigation, fidelity and surety insurance coverage, DTPA claims, injunctions, employment law, landlord-tenant disputes, probate matters, property disputes, real estate tax litigation, breach of contract, business torts, construction law disputes, defamation, libel and slander, and other general business matters.

John W. Blyth

John W. BlythAttorneyNYEMASTER GOODE, P.C.

John Blyth has an active Business, Finance, and Real Estate practice. He is the head of the firm’s Public Finance practice group. John has developed a broad-based and diverse background commercial finance, consumer finance, and public finance practice and financial institution BSA/AML and economic sanctions regulatory practice, building on his varied professional experiences.

Prior to joining Nyemaster Goode in 2012, John served for more than 11 years in various in-house legal and compliance roles for affiliates of De Lage Landen, a global provider of leasing, business and consumer finance services, including as general counsel in De Lage Landen’s London office from 2008 to 2011. John was in private practice in Des Moines for 20 years prior to his move to De Lage Landen representing commercial banks and other lenders in asset based lending, securitizations, secured and unsecured commercial lending and consumer finance transactions involving various structures and serving as bond counsel and underwriter, issuer, and borrower counsel in traditional government financing and conduit financing transactions.

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in handling secured transactions

Course Code:
   147376

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
   1.5 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

The Hirsch & Westheimer trial group enjoys a complimentary blend of seasoned veterans and aggressive young professionals earning their stripes in the rough and tumble litigation environment. Any commercial situation that you can imagine has probably been litigated by a Hirsch & Westheimer lawyer.

Our experience covers a broad range of commercial and business tort litigation, and includes banking and financial industry issues, trusts and estates, construction, oil and gas, employment, and bankruptcy, as well as the diverse needs of our other commercial and individual clients.

Website: http://www.hirschwest.com/

Founded in 1918, Nyemaster Goode is Iowa's largest law firm with offices in Des Moines, Ames, and Cedar Rapids. Our broadly diverse practice enables us to offer solutions to the most challenging legal issues in virtually every area of the law to companies that range in size from emerging start-ups to Fortune 500s, as well as to individuals.

Website: https://www.nyemaster.com/

Ultimate Value Annual Program

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